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It is possible to understand why Senators Xenophon and Muir supported the bad law that reintroduces temporary protection visas. They saw it as a small improvement now for people in desperate circumstances, and that is true. The real culprit is the irrational and punitive policy pursued by the Government.
I recently received a letter for Ali in which he was referred to only by his boat number and the term 'illegal maritime arrival (IMA)'. He was worn down by the long process of winning his case and being accepted as a refugee. His self-esteem was destroyed by a long period in immigration detention. His identity is now also gone.
Former Immigration Minister Senator Chris Evans once expressed concern about how much personal power was vested in his position when making decisions about particular cases. The current Minister, on the other hand, is trying to increase the number of such powers, and is much more likely to use the ministerial trump card to avoid judicial scrutiny. In a parliamentary system that relies on the checks and balances between the Parliament, Executive and Judiciary, one arm of government should not be able to overrule another.
Last week, Immigration Minister Scott Morrison proposed migration law changes that he said would speed up processing of the backlog of refugee claims, and allow asylum seekers to 'get on with their lives'. In fact they do nothing of the sort. The new temporary protection visa (TPV) denies family sponsorship, travel to visit family, and more.
Considering my indebtedness to the two Aborigines who met [my family's ship arriving in Hervey Bay from Ireland] 151 years ago, I owe it to all my fellow Australians to agitate these issues of law, morality and politics here in Ireland so that back in Australia, the homeland which, in my religious tradition, was known as the Great South Land of the Holy Spirit.
There may not be simple solutions to complex issues such as how to reduce the risk of travel by boat without punishing the refugees. However, the High Court's latest decision reminds us there are people involved and they are not ‘outlaws’.
Like the Dictation Test devised devised to enforce the White Australia Policy, the National Interest Test would allow the Minister to exclude anyone he wanted. People who claim protection can be confident that the Australian Government will not have them or their dogs killed, but they will have no confidence that they will not be placed in dangerous situations or returned to places where they fear for their lives.
Australia's cruel arrangement for asylum seekers arriving without a visa cannot be scrutinised by our courts and has never been approved by our Parliament. In the name of democracy, in the name of Australian self-respect, and in the name of human rights protection and the rule of law, it is time this arrangement was presented to our Parliament for its approval by our elected representatives or for immediate ditching. It's a disgrace.
The Government's vilification of people arriving by boat has reached the level where the term 'illegal' features in the Budget documents. Immigration Minister Morrison has insisted on referring to people arriving by boat as 'illegals' for some years, despite the Migration Act using the less pejorative term 'unlawful non-citizen'. This is not just a lawyer's linguistic debate; if it were not important, the Government would not insist on the term.
'We should abandon talk of taking Australia off the table. We should also abandon talk of taking the sugar off the table. The collateral damage of that is too great. The best we can do ethically and practically is to put the sugar out of reach while leaving it on the table for those who make it here with a visa or in direct flight from persecution.' Frank Brennan contributes to a Palm Sunday panel at St Michael's Uniting Church, Melbourne.
When I was young, I remember being encouraged to give up lollies or chocolate for Lent. On the eve of the beginning of Lent on Ash Wednesday last week, the Immigration Minister announced he would be effectively giving up granting protection visas for refugees for the duration of Lent, and beyond, until 1 July.
The new TPV is harsher than the version introduced by the Howard Government, mainly because it has no pathway to a permanent visa — once granted, it is likely that the best you will ever get in Australia is a TPV. The TPV is a punishment, not a deterrent; a cruel visa that reflects the cruelty of the politicians introducing it.
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